Patna High CourtCR. MISC./43095/2018rejected

Brijesh Patel v. The State Of Bihar

2018-07-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.43095 of 2018 (2) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43095 of 2018 ======================================================

1. Brijesh Patel S/o Sewak Patel, R/o Vill.- Murali Kharkatwa, P.S.- Shikarpur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Adv. For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 11.05.2018 in connection with Shikarpur P.S. Case No. 137 of 2018 registered under Sections 341, 323, 324, 307, 427, 379,34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there was land dispute between the parties and on account of that scuffle took place between the parties and case and counter case has also been lodged by both the parties. Moreover, injury received by the son of the informant has been opined as simple in nature, which is evident from annexure-4. The petitioner is rotting in judicial custody for the last two months. Learned. A.P.P. for the State has opposed the prayer for bail and submitted that there direct allegation of giving garasi blow on

Patna High Court Cr.Misc. No.43095 of 2018 (2) dt.19-07-2018 the head of the son of the informant resultantly he sustained two injuries.

Considering the facts and circumstances of the case, this Court is not inclined to grant regular bail to the petitioner, accordingly, the prayer for bail of this petitioner is rejected. However, the petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) brajesh/- U T